The University of Calgary has initiated a groundbreaking research project aimed at revolutionizing the family justice system, addressing the long-standing issue of its adversarial nature and the detrimental impact on families, especially children. Funded by a substantial $27 million grant from the Alberta Law Foundation, the project will establish two research chairs and a dedicated Centre for Transformation. The initiative stems from the recognition that the current system often exacerbates existing family conflicts, inflicting further trauma on children already grappling with difficult home situations. The goal is to develop a more collaborative and nuanced approach to family disputes, prioritizing the well-being of children and empowering families to resolve conflicts constructively.
The current family justice system, often characterized by protracted legal battles and emotionally charged courtroom proceedings, can be particularly damaging to children. Exposure to parental conflict, violence, and the inability of parents to negotiate effectively can have long-lasting psychological impacts. As Ellen Perrault, dean of the University of Calgary’s faculty of social work and a former child welfare worker, emphasizes, children often experience further trauma as a direct result of the legal processes designed to resolve family disputes. The project seeks to address this critical flaw by shifting the focus from adversarial litigation to early intervention and collaborative problem-solving.
The project’s central aim is to empower families to resolve disputes outside the courtroom, reducing reliance on judges to make critical decisions about children’s lives. Instead of escalating conflicts through legal proceedings, the new approach will encourage parents to participate actively in developing solutions that address the needs of their children. This shift requires equipping families with the necessary skills and resources to navigate complex family dynamics and make informed decisions. By fostering communication and collaboration, the project aims to minimize the negative impact of separation and divorce on children, promoting their well-being and long-term resilience.
The research chairs and the Centre for Transformation will play a pivotal role in developing and implementing this transformative approach. They will collaborate closely with the Re-Imagining the Family Justice System initiative in Grande Prairie, Alberta, which serves as a model for innovative approaches to family law. The Grande Prairie initiative encourages families to explore the underlying causes of their disputes, moving away from the traditional “dispute stage” where lawyers represent opposing sides. This collaborative approach aims to de-escalate conflict and foster a more constructive dialogue between parents, prioritizing the best interests of their children.
The $27 million investment from the Alberta Law Foundation underscores the significance of this research project. Byron Chan, head of the foundation, highlights the detrimental impact of family separation and divorce on children, emphasizing that the legal process itself can be a source of trauma. He points out that children are often caught in the crossfire of high-conflict cases without a clear understanding of the proceedings. The project seeks to mitigate these negative experiences by providing children with appropriate support and ensuring their voices are heard throughout the process.
The University of Calgary’s initiative represents a significant step towards reimagining the family justice system. By shifting the focus from adversarial litigation to collaborative problem-solving, the project aims to create a more supportive and child-centered approach. While acknowledging the inherent challenges in transforming a complex system, project leaders express confidence in their ability to achieve meaningful and lasting change. The research chairs, the Centre for Transformation, and the partnership with the Grande Prairie initiative will work in concert to develop and implement innovative strategies, ultimately striving to create a family justice system that prioritizes the well-being of children and fosters healthy family relationships. The impact of this project has the potential to reach far beyond Alberta, serving as a model for other jurisdictions seeking to reform their family justice systems and provide more effective and compassionate support to families in transition.
